Professor Denis Ong, author of the acclaimed works Trusts Law and Ong on Equity, addresses the complexities of Specific Performance in this book. In this erudite text, Professor Ong applies a forensic knowledge of the relevant case law, across Australian and international jurisdictions, resulting in a comprehensive analysis of Specific Performance.
Generally, the key principles of law are identified and the key cases discussed in detail, often critically but always pinpointing the most relevant parts of judgments for readers.
This latest publication by Professor Denis Ong of Bond University undertakes an analysis of the variety of issues which arise in actions for specific performance. Given Professor Ong's learned writings in the area of trusts, equitable remedies, estoppels and Romalpa clauses a consideration of the correlative issues involved in specific performance is a natural progression. Although the work is brief, containing only 192 pages, it covers in detail the variety of issues that arise when specific performance is sought including those associated with establishing the inadequacy of common law damages, the readiness and ability of the plaintiff to perform the essential obligations of the contract and the requirement of mutuality of performance between the parties. The work also considers the relationship with the relief of Part Performance and deals in detail with that doctrine. - Queensland Law Reporter - 26 July 2013 - (2013] 29 QLR
Table of Contents
Table of Cases
Table of Statutes
1. What does Specific Performance Mean?
2. Requirements for the Making of an Order of Specific Performance
3. Examples of Contracts where Orders for Specific Performance Refused
4. The Doctrine of Part Performance
5. Specific Performance and Common Law Damages as Alternative Remedies
6. The Defence of "Hardship"